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CENTERRE TRUST CO. v. CONTINENTAL INS. CO.

No. 5-86-0832.

167 Ill. App.3d 376 (1988)

521 N.E.2d 219

CENTERRE TRUST COMPANY OF ST. LOUIS, Trustee, Plaintiff-Appellant, v. THE CONTINENTAL INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed March 16, 1988.

Attorney(s) appearing for the Case

Paul D. Giamanco, of Paul D. Giamanco, P.C., of Mt. Vernon, and Joseph J. Trad, of Lewis & Rice, of St. Louis, Missouri, for appellant.

David M. Duree, of O'Fallon, and David M. Duree, of Leritz, Reinert & Duree, of St. Louis, Missouri, for appellee.

Judgment affirmed.

JUSTICE KARNS delivered the opinion of the court:

Centerre Trust Company of St. Louis appeals a judgment of the circuit court of Jefferson County in which Centerre was held to have waived its right to liquidated damages arising from a breach of a construction contract. The trial court held that the making of final payment waived liquidated damages under the contract and that Centerre's conduct in light of its liquidated damage claim also...

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